USPTO Patents Application 10713534

April 16, 2007

Commissioner for Patents
Stop Missing Parts
Customer Service OIPE
P.O.B0X 1450
Alexandria
Virginia 22313-1450

Dear Sirs,

The application Number 1 1/702,026 is not a new application. It is a
corrected copy of application Numberl 0/71 3,534 and was requested by
examiner Kent L. Bell (phone number) (571) 272 0973. This marked-up
corrected response (application nimiber 10/713,534)
should be directed to examiner, Kent Bell. I have enclosed a copy of his
request.
Respectfully,

Earl Cully
Heritage Trees, Inc.

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f^TENT AND TRADEMARK OFFICE

United States Patent and Trudemork Onioo
Addren: COMMISSIONER FOR PATENTS

UNITED STATES DEPARTMENT OF COMMERCE

Page 1 of 2

APPLICATION NUMBER

FILING OR 371 (c) DATE

FIRST NAMED APPLICANT

ATTORNEY DOCKET NUMBER

11/702,026

02/05/2007

Earl Cully

Earl Cully

846 Hoagland Road
Jacksonville, IL 62650

CONFIRMATION NO. 7519
FORMALITIES
LETTER

Date Mailed: 04/02/2007

NOTICE OF INCOMPLETE NONPROVISIONAL APPLICATION

FILED UNDER 37 CFR 1.53(b)

A filing date has NOT been accorded to the above-identified application papers for the reason(s) indicated below.

All of the Items noted below and a newly executed oath or declaration covering the items must be submitted
within TWO MONTHS of the date of this Notice, unless otherwise indicated, or proceedings on the application will
be terminated (37 CFR 1.53(e)). Replies should be mailed to: Mail Stop Missing Parts, Commissioner for Patents,
P.O. Box 1450, Alexandria VA 2231 3-1450.

The filing date will be the date of receipt of all items required below, unless otherwise indicated. Any assertions
that the item(s) required below were submitted, or are not necessary for a filing date, must be by way of petition
directed to the attention of the Office of Petitions accompanied by the $400.00 petition fee (37 CFR 1.17(f)). if the
petition states that the application is entitled to a filing date, a request for a refund of the petition fee may be
included in the petition.

If the above-identified application contains a priority claim under 37 CFR 1.55 or benefit claim under 37 CFR 1.78
of a prior-filed application that was present on the filing date of the application and applicant wants to rely on 37
CFR 1.57(a) to add inadvertently omitted material to the above-identified application, applicant must file a petition
under 37 CFR 1.57(a) accompanied by the $400.00 petition fee (37 CFR 1.17(f)) within TWO MONTHS of the
date of this Notice. Petitions should be mailed to: Mail Stop Petitions, Commissioner for Patents, P.O. Box 1450,
Alexandria VA 22313-1450. .

• The application was deposited without drawings. 35 U.S.C. 113 (first sentence) requires a drawing "where
necessary for the understanding of the subject matter sought to be patented." Applicant should reconsider
whether the drawings are necessary under 35 U.S.C. 113 (first sentence).

• The statutory basic filing fee is missing.

Applicant must submit $ 200 to complete the basic filing fee for a non-small entity. If appropnate, applicant
may make a written assertion of entitlement to small entity status and pay the small entity filing fee (37
CFR 1.27).

• The oath or declaration is missing. A properly signed oath or declaration in compliance with 37 CFR 1.63,
identifying the application by the above Application Number and Filing Date, is required.

Note: If a petition under 37 CFR 1.47 is being filed, an oath or declaration in compliance with 37 CFR 1.63
signed by all available joint inventors, or if no inventor is available by a party with sufficient proprietary
interest, is required.

The application is Informal since It does not comply with the regulations for the reason(s) indicated below.

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Page 2 of 2

The required jtem(s) identified below must be timely submitted to avoid abandonment:

• Replacement claim(s) commencing on a separate sheet in compliance with 37 CFR 1.75(h) and 1.121 is
required. Claims must be consecutively numbered and the same claim number cannot be used for more
than one claim. See 37 CFR 1.126.

Applicant is cautioned that correction of the above items may cause the specification and drawings page count to
exceed 100 pages. If the specification and drawings exceed 100 pages, applicant will need to submit the required
application size fee.

The applicant needs to satisfy supplemental fees problems indicated below.

The required item(s) identified below must be timely submitted to avoid abandonment:

SUMMARY OF FEES DUE:

Total additional fee(s) required for this application is $660 for a non-small entity

• $200 Statutory basic filing fee.

• The application search fee has not been paid. Applicant must submit $300 to complete the search fee.

• The application examination fee has not been paid. Applicant must submit $160 to complete the
examination fee for a non-small entity.

Replies should be mailed to: Mail Stop Missing Parts
Commissioner for Patents
P.O. Box 1450
Alexandria VA 22313-1450

Registered users of EFS-Web may alternatively submit their reply to this notice via EFS-Web.
https://sportal.uspto.gov/authenticate/AuthenticateUserLocalEPF.html

For more information about EFS-Web please call the USPTO Electronic Business Center at 1-866-217-9197 or
visit our website at http://www.uspto.gov/ebc.

If you are not using EFS-Web to submit your reply, you must include a copy of this notice.

'Initial Paten

rfijiarftnifion (571) 272-4000, or 1-800-PTO-9199

/ PART 2 - COPY TO BE RETURNED WITH RESPONSE

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of Non-Compliant Amendment
121) for Applications Under
ited Examination

Application No.

Appllcant(8)

CULLY. EARL

{KentfiViSlf''

Art Unit
1661

1AIUNG DATE of this communication appears on the cover sheet with the correspondence address

(plication has been granted special status under the accelerated examination program,
IS of time under 37 CFR 1.136(a) will be permitted. ^ . ^ . i i ...

The amendment document filed on ^/^ ?/considered non-compliant because it has failed to meet the requirements of ,
37 CFRvl .121 or 1 .4. In order for the amendment document to be compliant, con-ection of the following item(s) Is required.

THE FOLLOWING MARKED (X) ITEM(S) CAUSE THE AMENDMENT DOCUMENT TO BE NON-COMPLIANT:
IST 1. Amendments to the specification:

□ A. Amended paragraph{s) do not include markings.

□ B. New paragraph(s) should not be underlined. - / /i // j ■ ^ ^ J ^ 4- <r
ar C.Other _A.^^<^^^S^iA<^*<^ »'^<^ke^-«^:,^^ow./>^^K^«s^^«^Sj

□ 2. Abstract: vajov no 4 ) I uJL^ u? rt*v a^lcaAcHs f^^finry

□ A. Not presented on a sepanate sheet. 37 CFR 1 .72. - — r ^^<■V^^ ». —

.O-B. Other, ^ _ - — • ' ■ V-'^

3. Amendments to the drawings: . . v^-i^ .

□ A. The drawings are not properly Identified in the top margin as "Replacement Sheet," "New Sheet" or

"Annotated Sheef as required by 37 CFR 1.121(d).

□ B. The practice of submitting proposed drawing correction has been eliminated. Replacement drawings

showing amended figures, ^without markings, in compliance with 37 CFR 1.84 are reiquired.

□ C.Other.

□ 4. Amendments to the claims: ' " • * '

□ A. A complete listing of all of the claims is not present. - - • ^-1 — - ■■ ^ !-7-- - ■ — tj^

B. The listing of claims does not include the text of ail pending dalms (Including withdrawniilalras)^ ■

C. Each claim has not been provided with the proper status identifier, and as such, the indivlduat status
of each claim cannot be identified. Note: the'^status of every clairn must be indicated after its daim
number by using one of the following status identifiers: (Original), (Cunrently amended), (Canceled),
(Previously presented), (New), (Not entered), (Withdrawn) anidi (Vyithdrawn-cun-ently amends$!). ,Ni'j ai ..

BD. The claims of this amendment paper have not beenj>re$ented in. ascending numerical order, - i .nij-ed'^
E. Other: .

□ 5. Other (e.g., the amendment is unsigned or not signed in accordance with 37 CFR 1.4): _J
For further explanation of the amendment format required by 37 CFR 1 . 1 21 . see MPEP § 714. ' ; , • . ■■■r. .
TIME PERIODS FOR FILING A REPLY TO THIS NOTICE: ^ '

Applicant is given no new time period if the non-compliant amendment is an after-final amendment or an amendment
filed after allowance, or a drawing submission (only). If applicant wishes to resubmit the non-compliant after-fufiai . „
amendment with corrections, the entire corrected amendment must be resubmitted. .p

Applicant is given one month, or thirty (30) days, whichever is longer, from the mail date of this notice to supply the ^ ■
confection, if the nwi-compliant amendment Is one of the following: a preliminary amendment, a non-final amendnjent
(including a submission for a request for continued examination (RCE) under 37 CFRTltlW), a supplenrtental amendment:
filed within a suspension period under37 CFR 1 .103(a) or (c), and an amendment filed in response to a.Qu0y/e action. If
any of a1>ove boxes 1 . to 4. are checked, the conBCtion requirejd is only the corrected section of the non-compliant
amendment in compliance with 37 CFR 1 .121 .

NO Extensions of time under 37 CFR 1.136(a) will be permitted.

'^ ■~;r;vnf-t : ..■'*'drjm'nsh--,;rft8.).,
Failure to timely respond to this notice will result in: rr . .• ? ,

Abandonment of the application if the non-compliant amendment Is a non-final amendment or an amendment

filed in response to a Ouay/e action; or ;CUi rt...;> iUi.cndeuj. iL:;;i

Non-entry of the amendmentif the non-compliant amendment Is^a prelMnacyanaendment^oosuppie
amendment. . .w u.. • iia':!.j.;i::avj ^.J^ <rjia»; ander.

Legal InstnimOTts Examiner qiE). if applicable " - Telephone No.

and Trade

U.S.Patentand Trademark Office Part of Paper hto. 20061012

PTOL-324AE (08-06) |<E|frltt9EB Non-Compliant Amendment (37 CFR 1^121> ^

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Earl Cully

846 Hoagland Road
Box 84A
Jacksonville, IL 62650

(217) 673-3751
Fax (21 7) 673-441 2
E-Mail: heritagetrees@irtc.net

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